President Trump’s Response to New York Terror Attack Reveals Naivety, Inaccuracy and Contradiction

At a US Cabinet meeting press conference following the New York terror attack, answering journalists’ question, US President Donald Trump gave answers that, if not resulting in further disbelief, to those getting used to Trump’s style of responses will at least raise an eyebrow.

One issue was President Trump’s tweet on the 2nd November 2017 that the terrorist Saipov should get the death penalty. Firstly the issue is still sub judice and due process still has to take its course as it is currently alleged that Saipov has committed these offences, he has not pleaded or been found guiltily of murdering the eight victims. Also it will be difficult for Saipov to receive the death penalty as New York state no longer have the death penalty. This is an important extradition issue especially with European countries as it allows for easier extradition as seen with the example of Abu Hamza from the UK.

Apart from showing his lack of knowledge of NY state law, President Trump also showed his lack of legal knowledge and understanding of why prisoners have been detained at Guantanamo Bay (GTMO). When asked, President Trump replied that he would consider sending Saipov to GTMO. Legally this may be difficult as GTMO detetnion centre was created to detain suspected Islamists linked to Al Qaeda who were arrested in Afghanistan. In essence, GTMO was created as a military detention centre so prisoners could be detained under US military law. If GTMO detainees were transported to the US then US criminal law would apply, something President GW Bush wanted to avoid when establishing the camp. Amnesty International has considered GTMO as a major breach of human rights. President Obama promised to close GTMO. Although he did not achieve this during his presidency, GTMO detainees were reduced from 245 to 41. The issue President Trump has overlooked regarding Saipov is he killed and injured the victims on US soil and as such he will face trial for murder and attempt murder under US criminal law where no doubt terrorism will be a sentencing factor. As such, if Saipov pleads or is found guilty it is likely he will receive a long prison sentence.

President Trump also said the Diversity Immigrant Visa Programme that was introduced via a Bill passed in 1990 with the Immigration Act (also referred to as the diversity lottery programme) as ineffective. The programme is run by the US State Department where individuals who are determined to have a low enough level of immigration requirements to the US can apply. Under the Act countries that have more than 50,000 of their citizens immigrate to the US in the previous five years are ineligible. This could explain why Saipov was allowed to enter the US in 2010 from Uzbekistan. To be successful, individual applicants must have at least a high school education or equivalent and two years of experience working a job that requires at least two years of training or experience within five years of the application. The programme has not been without its political detractors. President Trump wants to end this programme and replace it with a merit based immigration programme as he wants to keep the US safe, something he does not see the current programme doing, He made it clear, ‘…we do not want lotteries’. Adding to this he was clear that also does not want chain immigration where someone entering the US on the current programme can bring in members of their family. On a final question President Trump said members of Saipov’s family could also be a threat to US security.

There s no doubting that to date President Trump’s tenure in the post has been different to his predecessors. He is quick to offer his opinion, especially via the 140 character limiting Twitter. While many may see his as a refreshing change, he does speak first without considering the consequences his comments have both in the US and aboard.

I am no apologist for any group and I understand and agree with the issues he raised regarding the Diversity Immigration Visa Programme. As with other states like Canada and Australia for example, a merit based immigration system is more effective in relation to vetting procedures and is preferable to a lottery based system as that in the Diversity Programme. It is understandable why states would want potential immigrants to be educated to a high standard with skills and knowledge that would enhance their state alongside an ability to speak the main language of that state.

This particular press conference once more provided groups like Islamic Sate with further ammunition to feed its propaganda machine that is influencing individuals as well as having the potential to alienate certain communities that make up the US population, along with states outside the US. For me President Trump could clothe his open, forthright opinions in more acceptable political/diplomatic style of rhetoric. Regarding the possible sentencing, he could have said that he has faith in the due process of the US criminal justice system to deal appropriately with Saipov. In relation to the Diversity Immigration Visa Programme, he could have said that it will be reviewed, adding it is important that a merit system be encouraged. Regarding Saipov’s family being a threat, the answer should have been that presently there is nothing to suggest that. One cannot and should not judge a whole family based on the actions of one of its members.

One problem the US appears to have in dealing with individuals influenced by extremist narrative who end up carrying out terrorist attacks is the inability of the federal government to introduce a Prevent strategy that is uniform across the 50 states like that in the UK or the federal state of Australia. One of the difficulties in achieving this is the historical and political issues where the 50 states resent increasing interference from a Washington DC based federal government. These issues have been present for many years in the US where one could argue it was one of the issues behind the 1860’s civil war. Another example was a century later in the 1960’s with southern states and the civil rights movement exemplified by Alabama governor George Wallace’s stance by trying to prohibit a black student from enrolling at Alabama State University in 1963 resulting in the Kennedy administration to take action against Governor Wallace. If the US could reach an agreement to develop and introduce a Prevent strategy it would help those who are vulnerable to being drawn towards terrorism, especially through the influence of extremists’ narrative. I accept that the UK’s Prevent strategy has some flaws, but overall it is a successful policy that has helped many individuals at a pre-criminal stage. Perhaps the US should consider introducing such a strategy as it is far more effective than simply having nothing concrete in place. Rather than making wide sweeping statements regarding certain faiths, communities and complaining of narratives that influence people to commit acts of terror, in addition to investigating terrorism action having a Prevent strategy in place would assist some individuals before hey become too imbued with an ideology that leads the to carry out terrorist acts.

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About David

David is a former police officer and former principal lecturer at Liverpool John Moores University’s Law School where he researched and lectured terrorism and security, and, criminal law. He has a many publications in books and journals in this area and is frequently used by the media for his expert commentary. David provides expert witness services to the police on terrorism law and terrorists’ use of tradecraft (counter-surveillance) and is currently involved in projects related to Prevent and Prepare strands of the UK government’s CONTEST programme.